Thread by @TaraVanHo

🧵
So it's been 3 days since I tweeted this story about my friend facing racist treatment @ZalesJewelers. Zales asked for a contact. I gave them a phone number. They never called. My friend's wife reached out via FB & got a reply...

https://twitter.com/TaraVanHo/status/1384142940059017224

And now I'm going to use my expertise to explain why this answer is an inadequate #remedy & why @ZalesJewelers has failed from a #BizHumanRights perspective to address #Racism in its operations.

The tl;dr: Zales needs to do better. This is shameful.

2/

So when businesses (@ZalesJewelers) causes or contributes to a negative impact on human rights -- in this case, a violation of the right to non-discrimination -- it owes the victim (my friend & his family) an adequate remedy.

3/

An adequate remedy has two prongs to it:
(1) an independent process capable of investigating a harm & making it right, &
(2) the substantive changes needed to restore the victim to the position they would have been in but for the violation.

@ZalesJewelers has failed on both.
4/

On process: this kind of serious harm (racial discrimination) requires an investigation. One would assume that since @ZalesJewelers is a *jewelry store* it would have recording of what's happening in the store.

5/

This letter suggests those tapes weren't consulted. Only the manager was.

The manager denied wrongdoing on both his behalf & on behalf of his employee.

That's not surprising. How many times do you think managers realise they did something wrong?

6/

My friend says he never left the store --until they walked out at the end-- & it was clear the other associates were helping other people.

How should @ZalesJewelers respond to these different accounts? Consult the video. Do an investigation. Speak directly to those present.

7/

Make an *independent* assessment of what occurred rather than just believing whatever someone says to excuse their own culpability.

@ZalesJewelers has failed to do that & so it failed to provide an adequate remedy.

Then there's the substance.

8/

Substantive remedies generally have 4 types:
(1) an acknowledgment & apology (satisfaction);
(2) restitution (restoring what was lost);
(3) reforms, like trainings & removal of problematic personnel (guarantees of non-recurrence); &
(4) compensation for material & moral harm.

Now @ZalesJewelers *almost* gets satisfaction right EXCEPT satisfaction is about the acknowledgement of wrongdoing.

Zales doesn't acknowledge wrongdoing. It acknowledges an "inconvenience" & it justifies the associate's actions. That's not satisfaction.

10/

Now, nothing was taken that can be restored, but my friends did suffer moral harm arising from discriminatory treatment. It's the humiliation & anger & degradation that comes from being discriminated against & having to explain discrimination to their young sons.

11/

This kind of damage requires both the guarantee of non-recurrence & compensation. So what we should see is
1) the real investigation (that's both a process & substantive form of remediation);
2) assurance that associate & manager will receive additional training OR are fired; &

3) compensation for the moral & specific harm. The family was denied the ability to purchase specific earrings meant to match a necklace the mom has. Appropriate compensation would include at least that.

Now, that's what a #BizHumanRights approach would look like.

13/

Unfortunately, I expect @ZalesJewelers will follow the American business approach of denying any wrongdoing.

I can't speak for my friend but if Zales takes that stance, there should be the other forms of reparation. There should be an assurance of a *real* investigation,

remedial training for the associate & manager, and compensation.

To know if this is acceptable to my friend, @ZalesJewelers needs to ask them. That means calling the phone number I gave them.

Now, here's the rub for Zales...

15/

On 6 May, I'm speaking on racism & #BizHumanRights at this symposium.

What @ZalesJewelers couldn't know is that while I believe in giving businesses an opportunity to be better, I believe in naming & shaming when they fail to take that opportunity.

16/

web.cvent.com/event/7e4f9fc0…

If my friends get the investigation & compensation they deserve by then, @ZalesJewelers becomes an anonymous store that made a mistake.

Otherwise, this becomes the #BizHumanRights story I use now & in the future to discuss how businesses fail to provide remedies for #racism.

That means @ZalesJewelers has 2 weeks to make this right -- and I mean *really* right. Not this half-ass non-apology-excusing-racism thing they just tried.

Don't worry, though: I'll be sure to use the word "alleged" when appropriate in my storytelling.

18/18

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